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Gord (Gordon) L. Tarnowsky, Q.C.Partner

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Experience

Recognition

Insights

Activities and Affiliations

Areas of focus

Education

Admissions and qualifications

Languages

As a Co-Leader of the Canada Region Litigation and Dispute Resolution group in Calgary, Gord’s practice focuses on the resolution of corporate, commercial and energy industry disputes. He is the past National Chair and Calgary Leader of the Firm's Alternative Dispute Resolution Group.

Gord is able to draw upon 25 years of experience as a problem solver in a broad spectrum of disputes. This dispute resolution experience – employing ADR mechanisms (negotiation, mediation and arbitration) as well as traditional litigation – allows Gord to provide clients with considered strategic advice and representation in order to achieve effective and efficient business results. He has served as counsel in numerous domestic and international arbitrations and in the private and judicial mediation of commercial disputes. Gord has also been retained by clients to act as “settlement counsel” to work independent of the litigation team to assist in the resolution of significant litigation matters. He has been recognized as a leading Canadian lawyer in Dispute Resolution in the Chambers Global Guide to The World’s Leading Lawyers for Business and is a member of the Western Canada Commercial Arbitration Society. In litigation matters, Gord has appeared before all levels of the Alberta Courts and has also represented clients before the Alberta Securities Commission and the Federal Court of Canada.

Gord has extensive experience in the energy industry and the resolution of disputes concerning industry relationships and agreements including: joint venture agreements, farmout agreements, wide area farmout agreements, area of mutual interest (AMI) agreements, pipeline construction, ownership and operating agreements, facility construction, ownership and operating agreements, unit agreements, gas purchase and sale agreements, electricity purchase and sale agreements, natural gas liquids (NGL) purchase and sale agreements, oil and gas asset purchase and sale agreements, energy company share purchase and sale agreements, royalty agreements, energy development financing agreements, gas gathering, transportation and processing agreements, oil transportation agreements, gas storage agreements, gas aggregator agreements, energy financial and derivative contracts, international joint operating agreements (JOAs), seismic licensing agreements, confidentiality agreements, pipeline right of way / easement agreements, various oilfield service agreements and general commercial and fiduciary relationships. His energy experience includes litigating and arbitrating disputes arising under such relationships as well as in relation to rights of first refusal (and other restrictions on dispositions), product allocation and accounting disputes, environmental liabilities, large and catastrophic losses arising from pipeline and facility failures, and land disputes, including those arising from production on aboriginal lands.

Gord’s practice also regularly includes serving as counsel in corporate and securities related disputes including oppression, derivative and fair value proceedings, plans of arrangement, hostile takeovers and proxy battles. He has also served as counsel in proceedings before the Alberta Courts and the Federal Court of Canada relating to the protection of various types of intellectual property including patents, copyright, trade secrets and other proprietary and confidential commercial information.

Gord joined the firm as an articling student in 1989, after clerking with the Alberta Court of Appeal and Court of Queen’s Bench.

Experience

Imperial Oil Resources Limited and another major oil and gas company: Advising in connection with trespass and royalty claims valued at approximately CA$2 billion advanced by a number of Indian Bands seeking declarations that oil and gas leases dating back 60 years are void and claiming restoration of the value of all oil and gas produced and to be produced.

Canadian power producer: Advising in connection with the arbitration of a gas pricing dispute with a natural gas supplier.

Major global oilfield services provider: Advising the Canadian affiliate in advancing claims against a competitor and former employees in relation to the alleged misappropriation of confidential and proprietary technology and commercial information, breach of copyright and passing off.

Major global oilfield services provider: Advising the Canadian affiliate in defending a claim and advancing a counterclaim in the Federal Court of Canada in relation to patented and proprietary oilfield technology.

Oilfield services provider: Advising in connection with the successful application for and execution of an Anton Piller Order against a competitor and former employees arising from the misappropriation of corporate information and unlawful competition.

Gas facility owner/operator: Advising in connection with a multi-million dollar litigation concerning, operatorship and accounting practices, under facility operating agreements that was resolved through negotiation.

Major oil and gas company: Advising in connection with international gas pricing arbitrations.

Number of Canadian oil and gas companies: Advising in connection with the bankruptcy of Enron Corp. and resulting litigation concerning gas and financial contracts in Canada.

Major oil and gas company: Advising in connection with the successful mediation of a multi-million dollar dispute in relation to the purchase and sale of a producing property and facilities.

US-based owner of co-generation facilities: Advising in connection with the successful negotiation of disputes concerning the termination of international gas purchase contracts as a result of the deregulation of the electricity industry in the US Northeast.

Confidential client: Advising regularly in the drafting and negotiation of the dispute resolution provisions of commercial agreements.

Recognition

Recognized by Chambers Canada as a leading lawyer in the area of Dispute Resolution (Alberta) (2016, 2017)

Recognized by Best Lawyers in Canada as one of Canada’s leading lawyers in the area of Corporate Commercial Litigation (2016, 2017)

Insights

"Restrictions on Disposition in the Oil and Gas Industry: The Extinction of the Species?", 44 Alberta Law Rev. 477, paper delivered at the 45th Annual Canadian Petroleum Law Foundation Research Seminar in Oil and Gas Law, Jasper, Alberta, June 15, 2006

Activities and Affiliations

Advisory Board Member of the Institute for Transnational Arbitration

Member of Alberta Arbitration and Mediation Society

Member of the Canadian Bar Association

Past National Chair Dentons Law ADR Group

Past Member of the Dentons Calgary Board

Community Involvement and Pro Bono

Director, Calgary Catholic Immigration Society

Teaching Roles

Guest lecturer, College of Law, University of Calgary, "Conflicts of Interest", October 2008 and 2009

Guest lecturer, College of Law, University of Saskatchewan, "Negotiating Ethics and Best Practices", October 12, 2006

Presentations

Presenter "Getting the Right ADR Clauses into Your Business Agreements", ADR Institute of Canada, Inc. Annual Conference, September 23, 2010

Presenter, "The Use of Experts in Arbitration and Mediation," Alberta Arbitration and Mediation Society's Annual Conference, April 28, 2007

Presenter, "The Use of Experts in Arbitration and Mediation," ADR Institute of Canada, Inc. ADR Energy! Conference, November 17, 2006

Presenter, "Restrictions on Disposition in the Oil and Gas Industry: The Extinction of the Species?" paper delivered at the 45th Annual Canadian Petroleum Law Foundation Research Seminar in Oil and Gas Law, Jasper, Alberta, June 15, 2006

Languages

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